Siriusly – Don’t Forget the State “Do Not Call” Lists

A preliminary injunction recently obtained by the State of Missouri against Sirius XM Radio, Inc. provides a reminder that some states have “Do Not Call” lists that are separate from the National Do Not Call Registry maintained by the Federal Trade Commission and the Federal Communications Commission.

On September 28, 2010, the State of Missouri obtained a preliminary injunction in connection with Sirius XM’s alleged calls to Missouri residents whose numbers were listed on a “No Call” list maintained by the Missouri Office of the Attorney General. Missouri v. Sirius XM Radio, Inc., Mo. Cir. Ct., No. 1022-CC10965.

The circuit court ordered that Sirius XM be enjoined from, among other things, making any telemarketing calls to any person listed on the Missouri Attorney General’s “No Call” list, including customers who accepted a free trial of Sirius XM services but had either (a) rejected Sirius XM’s subscription offer, or (b) allowed their free trial to expire. Sirius XM is also enjoined from making telemarketing calls to any person in Missouri more than twice per day and evading a Missouri resident’s caller ID system.

Although many states that established do-not-call registries prior to the implementation of the national registry have harmonized their state-specific lists with the national registry, this case is an important reminder that many have not. Currently 13 states continue to operate separate registries that must be checked separately from the federal list: Colorado, Florida, Indiana, Louisiana, Massachusetts, Mississippi, Missouri, Oklahoma, Pennsylvania, Tennessee, Texas, Wisconsin, and Wyoming. Failure to comply with these state-specific registries may expose companies to lawsuits such as this one.

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